Powers v. Temple Trust Co.

Mr. Judge SMEDLEY

delivered the opinion of Commission of Appeals, Section B.

Plaintiff in error, maker of a series of promissory notes payable to defendant in error, filed suit in the District Court of Coleman County, Texas, on November 25, 1931, for the cancellation of the notes and the lien securing them, alleging that the loan contract evidenced by the notes and the deed of trust was usurious and that the principal indebtedness was more than discharged by applying to it interest payments which he had made more than two years before the suit was filed, and by offsetting against it double the…